Trademarks serve two purposes that have remain consistent throughout time: (1) to determine ownership of a product, and (2) to identify a product’s source, which encourages competition among producers. A trademark will most likely be available for use if it identifies and distinguishes the source of the wine producer’s wine and the use of the trademark does not – or is not likely to – infringe upon another’s trademark. The use of trademarks encourages competition among the marketplace as customers connect the source of a product to reputation and goods’ quality. “Without a way to know who makes what, reputations cannot be created and evaluated, and the process of competition will be less effective.” Primarily, trademarks developed to “protect…the consumers from being misled.” Ultimately then, trademark protections protect both consumers and producers: they help reduce …show more content…
As previously noted, a wine’s label is an essential tool to help customers making their purchase decisions. While the taste of wine keeps customers returning to a specific bottle, the wine’s brand gives customers “reassurance, confidence, and connection” to the wine.” Thus, the label and its contents, including the brand name, is a wine’s identifier. Since trademarks also serve as identifiers, a trademark can be “vital” in order to compete in the wine industry. Trademarks help protect already trademarked wine names and future wine names, in that a trademark protects a wine name from being used by another producer. For example, if a future wine producer wishes to name his wine with a trademarked name, he could be
v. VIP Prods., LLC 666 F. Supp. 2d 974 (Mo., 2008) Anheuser-Busch makes a distinction between confusing and non-confusing parodies, the latter being protected as a parody. The important factors in the case were that the price point of the products was the same, they were directly competing goods and the survey showed that there was a level of confusion (30.3% were confused), in addition, consideration was placed on irreparable harm caused by the defendants use of the mark, the priority lay with the first to register the trademark, lastly the District Court considered public interest, i.e. whether the public was deceived. Similarly in Starbucks Corp v. Wolfe’s Borough Coffee Inc., 588 F3d 97 (2d Cir. 2007) the court distinguished Louis Vuitton S.A. v Haute Diggty Dog, LLC, 507 F.3d 252 (4th Cir. 2007) by holding that if (as in the Louis Vuitton case), the mark is used in non-competing goods, the defendant conveyed that it was not the source of the plaintiffs product and if the actual use of the mark does not impair the distinctiveness of the plaintiff’s mark there may be an argument in favor of the defendant, however, if the defendant’s humor is not conveyed to the public, and does not increase the public identification of the plaintiff’s mark with its mark it will fail to establish
In every given business, the name itself portrays different meanings. This serves as the reference point and sometimes the basis of customers on what to expect within the company. Since personality affects product image (Langmeyer & Shank, 1994), the presence of brand helps in the realization of this concept. Traditionally, brand is a symbolic manifestation of all the information connected with a company, product, or service (Nilson, 2003; Olin, 2003). A brand is typically composed of a name, logo, and other visual elements such as images, colors, and icons (Gillooley & Varley, 2001; Laforet & Saunders, 1994)). It is believed that a brand puts an impression to the consumer on what to expect to the product or service being offered (Mere, 1995). In other application, brand may be referred as trademark, which is legally appropriate term. The brand is the most powerful weapon in the market (LePla & Parker, 1999). Brands possess personality in which people associate their experience. Oftentimes, they are related to the core values the company executes.
Another symptom of the decrease in wine sales is due to the lack of awareness among consumers about the types of wine available. In a restaurant setting consumers often shy away from ordering wine because they may feel uneducated about the types of wine offered or uncertain about which wine would best compliment their entrée. Restaurants have attempted to address this problem by educating their servers and providing progressive wine lists, but if a person doesn’t understand the difference between a blush wine and a full-bodied wine or if they feel it is a hassle to ask questions the end result is the same, no wine has been sold.
Trademark is a word, symbol or phrase used for identifying a particular manufactures or seller’s products and distinguish them from other products. The overall purpose of Trademark law is to prevent unfair trade competitions by protecting the use of words, symbols logo design, name ect..Why because these are the key distinguishing things of goods and services of a firm. These laws protecting consumers by preventing firms and companies from using trademarks substantially similar to those of others. The main purpose of these laws is to avoid confusions regarding the identity and quality of companies and preventing the companies from diluting the marks of other’s. In present day world particularly in commercial market,
With a trademark, a company can register their logo, which in turn cannot be replicated in any form without express permission from the trademark holder (Intellectual Property Office of New Zealand, 2011). After building the reputation of its brand, a company can clearly define itself in a competitive marketplace with a trademarked identity that is unlike any of its competitors, giving it a clear point of difference and customer trust that will directly translate into increased sales and brand loyalty (Philpott, 2004, pp. 171 –
Trademark, Property, and Restitution." Harvard University. Harvard Journal of Law and Technology, 2010. Web. 26 Feb 2014. .
A trademark is one of the utmost valuable assets that an individual can possess. A trademark is not just a logo or a name, and it’s worth is not limited to the mark as such. A trademark is utilized in order to differentiate the services and goods of one trader to another. A trademark authorizes a business to exploit the market in order to entice customers, who permits them to recognize the marked good and likewise,
Consumers need to demand better quality products, they need to call their state Senator’s office and voice their feelings towards the lack of protection in the food industry, and they need to stand their ground. When shopping, consumers need to avoid purchasing non-organic products as much as possible, and as much as they can afford to do so. When driving through a fast food restaurant, instead of ordering a large fry and ten-piece chicken nugget combo-meal, order a salad or a wrap. Consumers run the market, and whenever corporations see less of a demand for highly-processed foods, they will replace those products with more whole, organic foods. As a counter-argument, some may claim that the consumers have no say in what food is sold at the supermarket, however, in Food Inc., the sales representative for Walmart admitted that they began filtering in more organic products because that is what
A trademark can be an essential platform for strengthening a company’s goodwill. A trademark entails any symbol, word, or phrase that can be identified with firm’s products and services. These items might be qualified as trademarks when they gain a signifying meaning among the company’s customer base (Maggs and Schechter 4). Nonetheless, the misuse of this proprietary asset can result in lack of legal protection and confusion among customers since it might be difficult to deduce the origin and identity of a particular product. As such, some companies have resorted to unconventional means of protecting their trademarks. This paper will discuss the trademark problems facing the assigned case study of VELCRO with reference to relevant statutory
Companies use a collection of brand equities to represent their products in the market (Voolnes, 2012). Brand equity refers to the commercial value that is derived from the perception of consumers on any given brand name of particular products in the market as opposed to the product itself. Ataman (2003) notes that the effect to the consumer is in the brand name and not the product itself. Companies use logos, trademarks and a collection of other symbols to present this information to the customers. The use of these symbols is meant to try and capture the customer mindset so that they can be thinking about the company products at all times through the items they possess at home (Estes, Gibbert, Guest, & Mazursk, 2012). This can well be explained by use of the customer-based brand equity model that brings together the requirements for a publicly renowned brand in the market.
Alexandra Kaye 5/3/14 LAQ 2 IB Psychology SL. Q: Discuss two errors in attribution. Within the social-cultural level of analysis, researchers study the social context in which behavior occurs. Humans have the natural need to understand why things happen. In order to explain why things happen, humans use attribution.
People move away from their extended families, and traditions can fade, which is why it is important to have a trademark that easily identifies your ...
A brand identifies a seller’s product from a competitor’s product. There are three main purposes for branding product identification, which is the most important purpose, repeat sales, and new-product sales. Branding has a lot of terms that marketers use there is brand equity, global brand, and brand loyalty. Marketers also have different brand strategies that they use for different products or customers. It all depends on the consumer for them to decide which strategy they will use. The different strategies are generic products, manufacturer’s brands, private brands, individual brands, family brands, and co-branding. The branding purposes and the branding strategy make up the importance of branding.
Product is the core of marketing, which including tangible goods like food or drinks or intangible services, as it is the major way to embody customers requirements; and, branding is directly associated with it. In fact, branding is all about decisio ns of products, like brand names or trademarks. Stork (2007) asserted that a brand is a unique business identity which represents the personality, quality or origin of products. And, such a product which added value by branding would appear in every activity of marketing, namely, branding is actually react on the whole marketing system directly and indirectly.
The term 'branding' in modern marketing is generally originated in the agricultural practices of the medieval age. The farmers 'branded' their animals with the iron and then they were able to identify to whom a particular animal belonged. Artisans 'branded' their products, for example, expensive silver tableware. Smiths 'branded' their swords. The role of the brand is to identify products by the same way as for medieval farmers and for modern corporations as well.